5 C.F.R. § 550.142
General restrictions
An agency may pay premium pay under § 550.141 only if that premium pay, over a period appropriate to reflect the full cycle of the employee's duties and the full range of conditions in his position, would be:
(a) More than the premium pay which would otherwise be payable under this subpart for the hours of actual work customarily required in his position, excluding standby time during which he performs no work; and
(b) Less than the premium pay which would otherwise be payable under this subpart for the hours of duty required in his position, including standby time during which he performs no work.
Notes of Decisions
Cited in 3
cases, 1990–2015 · leading case: DeCosta v. United States, 22 Cl. Ct. 165 (Ct. Cl. 1990).
DeCosta v. United States, 22 Cl. Ct. 165 (Ct. Cl. 1990). “Pursuant to 5 C.F.R. § 550.142 , an agency may pay standby premium pay under § 550.”
DeCosta v. United States, 23 Cl. Ct. 582 (Ct. Cl. 1991). “They contend that the amount of pay they would otherwise receive for dif *583 ferent types of premium pay is greater than the standby premium pay they presently receive, and that therefore, pursuant to 5 C.F.R. § 550.142 , they should be getting those other premium pays, and not…”
Alamo v. United States, 122 Fed. Cl. 638 (Fed. Cl. 2015). “” 5 C.F.R. § 550.142 ," see also 5 C.F.R. § 550.”
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